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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revocation is dismissed.
2.
Reasons
. Facts of recognition.
A. The Plaintiff’s husband is the representative director of the N Co., Ltd., and the name of C used by C is indicated as “D Co., Ltd. (E Co., Ltd.) and “representative” of “O Co., Ltd.” (E).
B. On October 2014, the Defendant asked C to perform a new construction work of multi-household housing on the land of 406 square meters in Kimhae-si, the Defendant owned by the Defendant.
At the time, the registration of the establishment of a mortgage on the above land was completed, which was 158,60,000 the maximum debt amount of the PPS and the maximum debt amount.
(hereinafter referred to as the “existing Loan”) The secured obligation of the foregoing right to collateral security (hereinafter referred to as the “mortgage”). * The bank contract is a separate tax of KRW 750,00,000,000,000,000,000
(including public charges 700 million won - Additional taxes). 1. Two sides of the outer wall shall be the stone.
2. The agency capacity for the art month shall be the whole of four floors;
3. Floor (a non-explosion vehicle);
4. Use of kitchen trademark;
5. The use of 3 foots.
6. A: - Two air conditioners - B: - Two air conditioners - Two houses.
7. Expenses incurred in transferring registration after completion shall be borne by the project owner;
8. Electricity shall be installed in ED;
9. G (Expenses) 10 million won in company; 10. He shall bear the expenses for H association, construction period, and interest, whichever is seven million won in total; 11. The amount shall be 400 million won in total.
12. The cost of the repair of defects shall be borne by the company; 13. Installation of containers outside the parking lot after the completion; 14. There is no amount of security deposit other than this;
15.All official expenses shall be borne by the Company.
C. On December 10, 2014, C drafted a standard form of contract for private construction works (Evidence B No. 8) with respect to the construction of multi-household housing on the land of Kimhae-si (hereinafter “instant construction”) between E and the Defendant.
(hereinafter referred to as “the First Agreement”). The First Agreement is written on December 15, 2014 (including value-added tax), the date of commencement, and June 30, 2014, and includes the following special items: (a) construction cost of KRW 825,00,000 (including value-added tax); and (b) the date of completion, and (c) the date of completion.
(b).